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PERTH AMBOY NATIONAL BANK v. BRODSKY

185 F.Supp. 217 (1960)

PERTH AMBOY NATIONAL BANK, a banking corporation, organized under the laws of the United States of America, Plaintiff, v. Irving BRODSKY, Bernard H. Kayden, Herbert J. Kayden, and Henry Smith, Defendants.

United States District Court S. D. New York.

June 30, 1960.

Attorney(s) appearing for the Case

Peckerman, Fisher, Gleiberman & Ezrine, New York City, for plaintiff; David Fisher, Fred I. Sonnenfeld, New York City, of counsel.

Goldwater & Flynn, New York City, for defendants; Monroe Goldwater, Bernard Katz, New York City, of counsel.

DIMOCK, District Judge.

Defendants move under Rule 12 (b) (6) F.R.Civ.P. to dismiss the complaint on the ground that it fails to state a claim on which relief can be granted. The action is one by plaintiff bank to set aside an unexpired lease which it made. The basis of the plea for setting aside the lease is the allegation that its execution was ultra vires. Defendants assume for the purposes of the motion that plaintiff is correct in its claim that the making of...

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